JUDGMENT Binod Kumar Roy and Lakshmi Bihari, JJ.
1. Re : Civil Misc. substitution Application No. 16701 of 1999 And Civil Misc. Delay Condonation Application No. 16700/99.
A prayer has been made to expunge the name of sole petitioner, Yashoda Devi. on account of her death on 24.6.1998 and for substitution of the applicants, who claim themselves to be the legal heirs and representatives of the deceased petitioner. In the affidavit accompanying the Substitution Application, they assert themselves to be granddaughter's sons of the deceased petitioner who has executed a registered Will in their favour on 25.7,1990 and. therefore, they have become her legal heirs and representatives.
2. Heard Sri H. P. Mishra. learned counsel appearing in support of the prayers aforementioned and perused the alleged photocopy of the Will appended as Annexure-1 to the affidavit. The document, as presented, does not show that the alleged impression of Yashoda Devi is her R.T.I. or L.T.I, or of which finger of the hands. The document also does not show on its face value as to which of the three witnesses are attesting witnesses of the alleged Will. It has not been stated even as a fact in the application seeking substitution as to which of them were attesting witnesses in terms of the requirement of Statute (Section 3 of the T. P. Act).
3. For the aforementioned Infirmity, we are not in a position to record even a prime Jade finding under Article 226 of the Constitution that the applicants are legal heirs and representatives of the deceased petitioner.
4. For the aforementioned reasons, we are constrained to dismiss this substitution application. As the petitioner is no more and there is none to prosecute this writ petition, we hold that this writ petition stands abated. It is dismissed accordingly.